The Week Ahead

August 10, 2025

This week gets off to a fast start. Back on July 9, Judge Charles Breyer in the Northern District of California set a bench trial for this Monday in Newsom v. Trump, to determine whether Donald Trump's deployment of the military to Los Angeles violated the Posse Comitatus Act by using the military for civilian law enforcement purposes. Judge Breyer consolidated the trial on the merits, which he has scheduled for this Monday through Wednesday, with the preliminary injunction hearing. Judge Breyer will not consider the question of whether Trump had the authority to federalize the National Guard in this trial, because that issue is currently on appeal. (We discussed that matter in detail here if you want a refresher. Our earlier discussion of the Posse Comitatus Act is here.)

This is an issue of major significance with tentacles far beyond Los Angeles. You may recall that in Trump’s executive order, titled "Department of Defense Security for the Protection of Department of Homeland Security Functions,” he authorized the use of both federalized National Guard troops and regular military to aid in putting down anti-ICE protests. Trump wrote in the executive order that the protests “constitute[d] a form of rebellion against the authority of the Government of the United States.”

If the Supreme Court were to give Trump the legal authority to do this in LA—the case is sure to reach the justices regardless of how Judge Breyer rules—he would be able to do the same thing anywhere else in the country. That makes this case an enormously significant test balloon. The issue at stake is the power of the presidency, which Trump continuously seeks to expand into a full-blown unitary executive with few, if any, checks and balances.

When trial begins on Monday, there will not be cameras in the courtroom, even though Judge Breyer permitted them in the earlier hearing. But you will be able to listen in via Zoom. The government asked the court to cut off all remote public access to the proceedings, claiming it was needed to protect the safety of military and law enforcement witnesses who will testify—an odd claim since the proceedings will be public and the names of witnesses can be reported by press or members of the public who are present. Judge Breyer limited remote access to audio in response, to “strike the right balance between accommodating Defendants’ concerns and ensuring public access to the upcoming bench trial.” The link for remote access hasn’t been posted by the court yet, but presumably it will show up on this page or the court’s homepage by tomorrow morning.

This happens as Trump has been amping up a multi-agency federal law enforcement presence in D.C. this week to address what his press secretary, Karoline Leavitt, called a long-time plague of violent crime in a statement last week. In reality, crime in the District (and nationwide) is declining after spiking during the pandemic. But Trump has publicly said he would consider deploying the National Guard or taking over the Metropolitan Police Department. He could theoretically do this for up to 30 days under the city’s Home Rule Charter by claiming an “emergency,” which the Charter doesn’t define with specificity.

Then today, Sunday, President Donald Trump spoke out about evicting homeless people and jailing criminals. He has not made his plan clear, but Reuters is reporting that “the administration is preparing to deploy hundreds of National Guard troops to Washington,” just like Trump did in Los Angeles. It’s hard to believe the timing is coincidental. Instead of lying low with Monday’s trial looming, Trump is going full bore to push the power of the presidency, even if it means ignoring actual statistics on crime that contradict his stated justification for acting in the nation’s capital.

In case you’re wondering, just six months into his second term, Trump holds a commanding lead in the number of executive orders issued. These statistics from The American Presidency Project at the University of California at Santa Barbara show the totals for each president in light blue, so, in the first six months of his second term, Trump has signed 186 orders, compared to a four-year total of 162 for Joe Biden. Remember when Barack Obama was criticized for overusing executive orders? He issued 147 executive orders during his first four years in office and 129 during his second term.

This table shows average executive orders per number of years in office in the column to the right of the total (hence the projected number for Trump for this year is twice his current number, as we are only six months in). The final column shows how long each president was in office, resulting in the .50 number for Trump’s second term.

Meanwhile, Trump’s Secretary of Defense, Pete Hegseth, seems less focused on doing his job and more interested in making women second-class citizens. A tweet he posted late last week isn’t getting nearly enough attention. In any other administration, there would have been swift calls for his resignation. Here, mostly crickets.

Hegseth reposted a CNN report featuring a religious leader named Doug Wilson sharing his backward views—views Hegseth clearly supports. “Women are the kind of people people come out of,” Wilson says, before adding, “it doesn’t take any talent.” Other religious leaders in Wilson’s orbit join in to explain to reporters that the man is the head of the household and the wife’s job is to submit. Then they delve into their belief that women shouldn’t be able to vote, with one pastor saying he supports repeal of the 19th Amendment.

Pete Hegseth was a disgrace before the Senate confirmed him, and he’s done nothing since to rise to the occasion. Currently, 28% of the members of Congress are women. It seems more than likely that people who want to keep women from voting certainly don’t believe they should serve. At a minimum, Hegseth should be called before an oversight committee to explain how his views are consistent with the Constitution and his leadership role in the military. That won’t happen unless we make a lot of noise. Call or write your members of Congress this week to let them know you’re watching.

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We’re in this together,

Joyce